Garth Day Charged with Forty Three Criminal Charges

Article |
1 October, 2010 - 22:18

Article Date:

1 October, 2010 - 06:30

Garth Day, former County Council Administrator has been charged with forty three criminal charges. Day has been being investigated for the past few months, and the investigation has finally reached the point at which charges are being filed. Day has been served with 38 felony and 5 misdemeanors. He has been subpeonaed to appear in the Second District Court in Morgan on Monday, October 4, 2010 at 9:00 a.m.
The charges were filed by Morgan County Attorney Jann Farris.
In a press release this afternoon, by Morgan County Sheriff Gene Ercanbrack , it says:
"Garth B. Day became the subject of a financial investigation regarding unaccounted Morgan County funds. The Morgan County Treasurer, Ms. Thomson reported she had discovered various discrepancies regarding documentation and suspicious statements made to her by Garth Day when questioned about the funds. Treasurer Bonnie Thomson then contacted Sheriff Gene Ercanbrack who initiated a preliminary investigation into the matter that produced evidence of criminal activity. Sheriff Ercanbrack then assigned Chief Deputy Kevin Edwards and Detective Bill Wentland to the investigation. The subsequent investigation by the officers revealed evidence that Garth Day had opened various credit card accounts, obtained fraudulent bank loans and manufactured several counterfeit documents using Morgan County’s name as a vehicle to commit theft of monies.

He also forged county official’s signatures on loan documents. This investigation revealed a substantial amount of documental evidence to support the charges being filed. The investigation is still ongoing as several financial institutions have not responded as of yet to the investigative subpoenas they were served. The investigation has revealed that the amount of money involved is going to reach several hundred thousands of dollars. There will be no further information released because of the ongoing investigation. Garth Day has retained legal counsel and he was being served a summons and information to appear in Second District Court in Morgan County on Monday, October 4, 2010 at 9:00 a.m. to answer the following charges."

IN THE SECOND DISTRICT COURT, STATE OF UTAH
MORGAN COUNTY
STATE OF UTAH
MORGAN COUNTY,
Plaintiff,
vs.
GARTH B. DAY
A.K.A. ALEX BAKER
9522 N 4400 W
Elwood, UT 84337
DOB: 05/1311969
Defendant.
INFORMATION
Case No: 101500072
Judge: Michael DiReda
Otn:
UT dl: 147857423
The undersigned Complainant upon oath states that the Complainant has reason to believe that the above-named Defendant, in Morgan County, State of Utah, committed the following
crime(s):

COUNT 1: THEFT, a second degree felony, in violation ofU.C.A. 76-6-404 as follows:
That on or about 06/30/2008 through 08/27/2010, the defendant obtained or exercised unauthorized control over the property of another with a purpose to deprive him thereof, and the

(i) value of the property or services was or exceeded $5,000;

COUNT 2: THEFT, a second degree felony, in violation ofU.C.A. 76-6-404 as follows:
That on or about 06/30/2008 through 08/27/2010, the defendant obtained or exercised unauthorized control over the property of another with a purpose to deprive him thereof, and the

(i) value of the property or services was or exceeded $5,000;

COUNT 3: THEFT, a second degree felony, in violation ofU.C.A. 76-6-404 as follows:
That on or about 06/3012008 through 08/27/2010, the defendant obtained or exercised unauthorized control over the property of another with a purpose to deprive him thereof, and the

(i) value of the property or services was or exceeded $5,000;
(ii) property stolen is an operable motor vehicle;

COUNT 4: UNLAWFUL USE OF A FINANCIAL TRANSACTION CARD, a second
degree felony, in violation ofU.C.A. 76-6-506.2 as follows:
That on or about 06/30/2008 through 08/27/2010, the defendant (1) knowingly, with intent to defraud, obtained or attempted to obtain credit or purchase or attempted to purchase goods, property, or services, by the use of a false, fictitious, altered, counterfeit, revoked, expired, stolen, or fraudulently obtained financial transaction card, by any financial transaction card credit number, personal identification code, or by the use of a financial transaction card not authorized by the issuer or the card holder;
(5) made application for a financial transaction card to an issuer, while knowingly making or causing to be made a false statement or report relative to his name, occupation, financial
condition, assets, or willfully and substantially undervalued or understated any indebtedness for the purposes of influencing the issuer to issue the financial transaction card; or

COUNT 5: UNLAWFUL USE OF A FINANCIAL TRANSACTION CARD, a second degree felony, in violation ofU.C.A. 76-6-506.2 as follows:
That on or about 06/30/2008 through 08/27/2010, the defendant (1) knowingly, with intent to defraud, obtained or attempted to obtain credit or purchase or attempted to purchase goods, property, or services, by the use of a false, fictitious, altered, counterfeit, revoked, expired, stolen, or fraudulently obtained financial transaction card, by any financial transaction card credit number, personal identification code, or by the use of a financial transaction card not authorized by the issuer or the card holder;
(5) made application for a financial transaction card to an issuer, while knowingly making or causing to be made a false statement or report relative to his name, occupation, financial
condition, assets, or willfully and substantially undervalued or understated any indebtedness for the purposes of influencing the issuer to issue the financial transaction card; or

COUNT 6: COMMUNICATIONS FRAUD, a second degree felony, in violation of U.c.A.
76-10-180 I as follows:
That on or about 06/3012008 through 08/27/2010, the defendant did intentionally, knowingly or recklessly devise a scheme or artifice to defraud another or to obtain from another money or anything of value by means of false or fraudulent pretenses, representations, promises, or material omissions, and who, as a party to the offense, communicated directly or indirectly with a person by any means for the purpose of executing or concealing the scheme, artifice or fraud; and the value of the property, money, or thing obtained or sought to be obtained was or exceeded $5,000.

COUNT 7: MONEY LAUNDERING, a second degree felony, in violation ofU.C.A. 76-10- 1903 as follows:
That on or about 06/30/2008 through 08/27/2010, the defendant did

(a) transport, receive, or acquire the property which was in fact proceeds of the specified unlawful activity, knowing that the property involved represented the proceeds of some form of unlawful activity;
(b) makes proceeds of unlawful activity available to another by transaction, transportation, or other means, knowing that the proceeds are intended to be used for the purpose of continuing or furthering the commission of specified unlawful activity;
(c) conduct a transaction knowing the property involved in the transaction represented the
proceeds of some f011l1 of unlawful activity with the intent:

(i) to promote the unlawful activity;
(ii) to conceal or disguise the nature, location, source, ownership, or control of the property; or
(iii) to avoid a transaction reporting requirement under this chapter.

COUNT 8: UNLA WFUL ACT BY DIRECTOR, AGENT, OFFICER, a third degree felony, in violation of U.C.A. 76-10-706 as follows:
That on or about 06/30/2008 through 08/27/2010, the defendant as a director, officer, or agent of any corporation or association did knowingly receive or possess himself of any property of such corporation or association, otherwise than in payment of a just demand, and who, with intent to defraud, omitted to make, or to cause or direct to be made, a full and true entry thereof in the books or accounts of the corporation or association; or as a director, officer, agent, or member of any corporation or association who did embezzle, abstract, or willfully misapply any of the money, funds, or credits of the corporation or association; or who, without authority from the directors, issued or put in circulation any of the notes of the corporation or association; or who, without the authority, issued or put forth any certificate of deposit, did draw any order or bill of exchange, made any acceptance, assigned any note, bond, draft, bill of exchange, mortgage, judgment, or decree; or did make any false entry in any book, report, or statement of the corporation or association; or did issue any fraudulent, fictitious, or illegal stock in any such corporation or association, with intent in either case to injure or defraud the corporation or association, or any other company, body politic, or corporate, or any individual person, or to deceive any officer ofthe corporation or association, or any agent appointed to examine the affairs of any such corporation or association; or did, with like intent, aid or abet any officer, clerk, or agent in any violation of Utah Code § 76-10-706.

COUNT 9: FAILURE TO KEEP, PAY PUBLIC MONEY, a third degree felony, in violation of U.C.A. 76-8-403 as follows :
That on or about 06/3012008 through 08/27/2010, the defendant as a person who receives, safekeeps, transfers, or disburses public monies, did neglect or fail to keep and pay over the money in the manner prescribed by law.

COUNT 10: FAILURE TO KEEP, PAY PUBLIC MONEY, a third degree felony, in violation ofU.C.A. 76-8-403 as follows:
That on or about 06/30/2008 through 08/27/20 I 0, the defendant as a person who receives, safekeeps, transfers, or disburses public monies, did neglect or fail to keep and pay over the money in the manner prescribed by law.

COUNT 11: RECORDING A FALSE OR FORGED INSTRUMENT, a third degree felony, in violation of U .C.A. 76-8-414 as follows:
That on or about 06/30/2008 through 08/27/2010, the defendant knowingly procured or offered any false or forged instrument, to-wit, check, to be filed, registered, or recorded in any public office.

COUNT 12: RECORDING A FALSE OR FORGED INSTRUMENT, a third degree felony, in violation of U .c.A. 76-8-414 as follows:
That on or about 06/30/2008 through 08/27/2010, the defendant knowingly procured or offered any false or forged instrument, to-wit, check, to be filed, registered, or recorded in any public office.

COUNT 13: RECORDING A FALSE OR FORGED INSTRUMENT, a third degree felony, in violation ofU.C.A. 76-8-414 as follows:
That on or about 06/30/2008 through 08/27/2010, the defendant knowingly procured or offered any false or forged instrument, to-wit, check, to be filed, registered, or recorded in any public office.

COUNT 14: RECORDING A FALSE OR FORGED INSTRUMENT, a third degree felony, in violation ofU.C.A. 76-8-414 as follows:
That on or about 06/30/2008 through 08/2712010, the defendant knowingly procured or offered any false or forged instrument, to-wit, check, to be filed, registered, or recorded in any public office.

COUNT 15: RECORDING A FALSE OR FORGED INSTRUMENT, a third degree felony, in violation ofU.C.A. 76-8-414 as follows:
That on or about 06/30/2008 through 08/27/2010, the defendant knowingly procured or offered any false or forged instrument, to-wit, check, to be filed, registered, or recorded in any public office.

COUNT 16: RECORDING A FALSE OR FORGED INSTRUMENT, a third degree felony, in violation of U .C.A. 76-8-414 as follows:
That on or about 06/30/2008 through 08/27/2010, the defendant knowingly procured or offered any false or forged instrument, to-wit, check, to be filed, registered, or recorded in any public office.

COUNT 17: RECORDING A FALSE OR FORGED INSTRUMENT, a third degree felony, in violation of U.C.A. 76-8-414 as follows:
That on or about 06/30/2008 through 08/27/2010, the defendant knowingly procured or offered any false or forged instrument, to-wit, check, to be filed, registered, or recorded in any public office.

COUNT 18: RECORDING A FALSE OR FORGED INSTRUMENT, a third degree felony, in violation of U.C.A. 76-8-414 as follows:
That on or about 06/30/2008 through 08/27/2010, the defendant knowingly procured or offered any false or forged instrument, to-wit, check, to be filed, registered, or recorded in any public office.

COUNT 19: RECORDING A FALSE OR FORGED INSTRUMENT, a third degree felony, in violation ofU.C.A. 76-8-414 as follows:
That on or about 06/30/2008 through 08/27/20 I 0, the defendant knowingly procured or offered any false or forged instrument, to-wit, check, to be filed, registered, or recorded in any public office.

COUNT 20: RECORDING A FALSE OR FORGED INSTRUMENT, a third degree felony, in violation ofU.C.A. 76-8-414 as follows:
That on or about 06/30/2008 through 08/27/20 I 0, the defendant knowingly procured or offered any false or forged instrument, to-wit, check, to be filed , registered, or recorded in any public office.

COUNT 21: RECORDING A FALSE OR FORGED INSTRUMENT, a third degree felony, in violation ofU.C.A. 76-8-414 as follows:
That on or about 06/30/2008 through 08/27/2010, the defendant knowingly procured or offered any false or forged instrument, to-wit, check, to be filed, registered, or recorded in any public office.

COUNT 22: RECORDING A FALSE OR FORGED INSTRUMENT, a third degree felony, in violation ofU.C.A. 76-8-414 as follows:
That on or about 06/30/2008 through 08/27/2010, the defendant knowingly procured or offered any false or forged instrument, to-wit, check, to be filed, registered, or recorded in any public office.

COUNT 23: RECORDING A FALSE OR FORGED INSTRUMENT, a third degree felony, in violation of U.C.A. 76-8-414 as follows:
That on or about 06/30/2008 through 08/27/2010, the defendant knowingly procured or offered any false or forged instrument, to-wit, check, to be filed, registered, or recorded in any public office.

COUNT 24: RECORDING A FALSE OR FORGED INSTRUMENT, a third degree felony, in violation of U.C.A. 76-8-414 as follows:
That on or about 06/30/2008 through 08/27/2010, the defendant knowingly procured or offered any false or forged instrument, to-wit, invoices, to be filed, registered, or recorded in any public office.

COUNT 25: FORGERY, a third degree felony, in violation ofU.C.A. 76-6-501 as follows:
That on or about 06/30/2008 through 08/27/2010, the defendant did, with purpose to defraud anyone, or with knowledge that he was facilitating a fraud to be perpetrated by anyone,
(a) alter any writing of another without his authority or utters the altered writing; or
(b) make, complete, execute, authenticate, issue, transfer, publish, or utter any writing so that the writing or the making, completion, execution, authentication, issuance, transference, publication or utterance:
(i) purported to be the act of another, whether the person was existent or nonexistent;
(ii) purported to be an act on behalf of another party with the authority of that other party; or
(iii) purported to have been executed at a time or place or in a numbered sequence other than was in fact the case, or to be a copy of an original when no such original existed.

COUNT 26: FORGERY, a third degree felony, in violation ofU.C.A. 76-6-501 as follows:
That on or about 06/30/2008 through 08/27/2010, the defendant did, with purpose to defraud anyone, or with knowledge that he was facilitating a fraud to be perpetrated by anyone, (a) alter any writing of another without his authority or utters the altered writing; or
(b) make, complete, execute, authenticate, issue, transfer, publish, or utter any writing so that the writing or the making, completion, execution, authentication, issuance, transference, publication or utterance:
(i) purported to be the act of another, whether the person was existent or nonexistent;
(ii) purported to be an act on behalf of another party with the authority of that other party; or
(iii) purported to have been executed at a time or place or in a numbered sequence other than was in fact the case, or to be a copy of an original when no such original existed.COUNT 27: FORGERY, a third degree felony, in violation ofU.C.A. 76-6-501 as follows:
That on or about 06/30/2008 through 08/27/20 I 0, the defendant did, with purpose to defraud anyone, or with knowledge that he was facilitating a fraud to be perpetrated by anyone, (a) alter any writing of another without his authority or utters the altered writing; or
(b) make, complete, execute, authenticate, issue, transfer, publish, or utter any writing so that the writing or the making, completion, execution, authentication, issuance, transference, publication or utterance:
(i) purported to be the act of another, whether the person was existent or nonexistent;
(ii) purported to be an act on behalf of another party with the authority of that other party; or
(iii) purported to have been executed at a time or place or in a numbered sequence other than was in fact the case, or to be a copy of an original when no such original existed.

COUNT 28: FORGERY, a third degree felony, in violation ofU.C.A. 76-6-501 as follows:
That on or about 06/30/2008 through 08/27/2010, the defendant did, with purpose to defraud anyone, or with knowledge that he was facilitating a fraud to be perpetrated by anyone,
(a) alter any writing of another without his authority or utters the altered writing; or
(b) make, complete, execute, authenticate, issue, transfer, publish, or utter any writing so that the writing or the making, completion, execution, authentication, issuance, transference, publication or utterance:
(i) purported to be the act of another, whether the person was existent or nonexistent;
(ii) purported to be an act on behalf of another party with the authority of that other party; or
(iii) purported to have been executed at a time or place or in a numbered sequence other than was in fact the case, or to be a copy of an original when no such original existed.

COUNT 29: FORGERY, a third degree felony, in violation ofU.C.A. 76-6-501 as follows:
That on or about 06/30/2008 through 08/27/20 I 0, the defendant did, with purpose to defraud anyone, or with knowledge that he was facilitating a fraud to be perpetrated by anyone,
(a) alter any writing of another without his authority or utters the altered writing; or
(b) make, complete, execute, authenticate, issue, transfer, publish, or utter any writing so that the writing or the making, completion, execution, authentication, issuance, transference, publication or utterance:
(i) purported to be the act of another, whether the person was existent or nonexistent;
(ii) purported to be an act on behalf of another party with the authority of that other party; or
(iii) purported to have been executed at a time or place or in a numbered sequence other than was in fact the case, or to be a copy of an original when no such original existed.

COUNT 30: FORGERY, a third degree felony, in violation ofU.C.A. 76-6-501 as follows:
That on or about 06/30/2008 through 08/27/2010, the defendant did, with purpose to defraud anyone, or with knowledge that he was facilitating a fraud to be perpetrated by anyone,
(a) alter any writing of another without his authority or utters the altered writing; or
(b) make, complete, execute, authenticate, issue, transfer, publish, or utter any writing so that the writing or the making, completion, execution, authentication, issuance, transference, publication or utterance:
(i) purported to be the act of another, whether the person was existent or nonexistent;
(ii) purported to be an act on behal f of another party with the authority of that other party; or
(iii) purported to have been executed at a time or place or in a nwnbered sequence other than was in fact the case, or to be a copy of an original when no such original existed.COUNT 31: FORGERY, a third degree felony, in violation ofU.C.A. 76-6-501 as follows:
That on or about 06/30/2008 through 08/27/20 I 0, the defendant did, with purpose to defraud anyone, or with knowledge that he was facilitating a fraud to be perpetrated by anyone,
(a) alter any writing of another without his authority or utters the altered writing; or
(b) make, complete, execute, authenticate, issue, transfer, publish, or utter any writing so that the writing or the making, completion, execution, authentication, issuance, transference, publication or utterance:
(i) purported to be the act of another, whether the person was existent or nonexistent;
(ii) purported to be an act on behalf of another party with the authority of that other party; or
(iii) purported to have been executed at a time or place or in a numbered sequence other than was in fact the case, or to be a copy of an original when no such original existed.

COUNT 32: FORGERY, a third degree felony, in violation ofU.C.A. 76-6-501 as follows:
That on or about 06/30/2008 through 08/27/20 I 0, the defendant did, with purpose to defraud anyone, or with knowledge that he was facilitating a fraud to be perpetrated by anyone, (a) alter any writing of another without his authority or utters the altered writing; or
(b) make, complete, execute, authenticate, issue, transfer, publish, or utter any writing so that the writing or the making, completion, execution, authentication, issuance, transference, publication or utterance:
(i) purported to be the act of another, whether the person was existent or nonexistent;
(ii) purported to be an act on behalf of another party with the authority of that other party; or
(iii) purported to have been executed at a time or place or in a nwnbered sequence other than was in fact the case, or to be a copy of an original when no such original existed.

COUNT 33: FORGERY, a third degree felony, in violation of U.C.A. 76-6-50 I as follows:
That on or about 06/30/2008 through 08/27/2010, the defendant did, with purpose to defraud anyone, or with knowledge that he was facilitating a fraud to be perpetrated by anyone, (a) alter any writing of another without his authority or utters the altered writing; or
(b) make, complete, execute, authenticate, issue, transfer, publish, or utter any writing so that the writing or the making, completion, execution, authentication, issuance, transference, publication or utterance:
(i) purported to be the act of another, whether the person was existent or nonexistent;
(ii) purported to be an act on behalf of another party with the authority of that other party; or
(iii) purported to have been executed at a time or place or in a numbered sequence other than was in fact the case, or to be a copy of an original when no such original existed.

COUNT 34: FORGERY, a third degree felony, in violation ofU.C.A. 76-6-501 as follows:
That on or about 06/30/2008 through 08/27/20 I 0, the defendant did, with purpose to defraud anyone, or with knowledge that he was facilitating a fraud to be perpetrated by anyone,
(a) alter any writing of another without his authority or utters the altered writing; or
(b) make, complete, execute, authenticate, issue, transfer, publish, or utter any writing so that the writing or the making, completion, execution, authentication, issuance, transference, publication or utterance:
(i) purported to be the act of another, whether the person was existent or nonexistent;
(ii) purported to be an act on behalf of another party with the authority of that other party; or
(iii) purported to have been executed at a time or place or in a numbered sequence other than was in fact the case, or to be a copy of an original when no such original existed.

COUNT 35: FORGERY, a third degree felony, in violation ofU.C.A. 76-6-501 as follows:
That on or about 06/30/2008 through 08/27/20 I 0, the defendant did, with purpose to defraud anyone, or with knowledge that he was facilitating a fraud to be perpetrated by anyone, (a) alter any writing of another without his authority or utters the altered writing; or
(b) make, complete, execute, authenticate, issue, transfer, publish, or utter any writing so that the writing or the making, completion, execution, authentication, issuance, transference, publication or utterance:
(i) purported to be the act of another, whether the person was existent or nonexistent;
(ii) purported to be an act on behalf of another party with the authority of that other party; or
(iii) purported to have been executed at a time or place or in a numbered sequence other than was in fact the case, or to be a copy of an original when no such original existed.

COUNT 36: FORGERY, a third degree felony, in violation ofU.C.A. 76-6-501 as follows:
That on or about 06/30/2008 through 08/27/20 I 0, the defendant did, with purpose to defraud anyone, or with knowledge that he was facilitating a fraud to be perpetrated by anyone,(a) alter any writing of another without his authority or utters the altered writing; or
(b) make, complete, execute, authenticate, issue, transfer, publish, or utter any writing so that the writing or the making, completion, execution, authentication, issuance, transference, publication or utterance:
(i) purported to be the act of another, whether the person was existent or nonexistent;
(ii) purported to be an act on behalf of another party with the authority of that other party; or
(iii) purported to have been executed at a time or place or in a numbered sequence other than was in fact the case, or to be a copy of an original when no such original existed.COUNT 37: FORGERY, a third degree felony, in violation ofU.C.A. 76-6-501 as follows:
That on or about 06/30/2008 through 08/27/20 I 0, the defendant did, with purpose to defraud anyone, or with knowledge that he was facilitating a fraud to be perpetrated by anyone,
(a) alter any writing of another without his authority or utters the altered writing; or
(b) make, complete, execute, authenticate, issue, transfer, publish, or utter any writing so that the writing or the making, completion, execution, authentication, issuance, transference, publication or utterance:
(i) purported to be the act of another, whether the person was existent or nonexistent;
(ii) purported to be an act on behalf of another party with the authority of that other party; or
(iii) purported to have been executed at a time or place or in a numbered sequence other than was in fact the case, or to be a copy of an original when no such original existed.

COUNT 38: FORGERY, a third degree felony, in violation ofU.C.A. 76-6-501 as follows:
That on or about 06/30/2008 through 08/27/2010, the defendant did, with purpose to defraud anyone, or with knowledge that he was facilitating a fraud to be perpetrated by anyone, (a) alter any writing of another without his authority or utters the altered writing; or
(b) make, complete, execute, authenticate, issue, transfer, publish, or utter any writing so that the writing or the making, completion, execution, authentication, issuance, transference, publication or utterance:
(i) purported to be the act of another, whether the person was existent or nonexistent;
(ii) purported to be an act on behalf of another party with the authority of that other party; or
(iii) purported to have been executed at a time or place or in a numbered sequence other than was in fact the case, or to be a copy of an original when no such original existed.COUNT 39: OFFICIAL MISCONDUCT, a class B misdemeanor, in violation of U.C.A. 76-8-20 I as follows:
That on or about 06/30/2008 through 08/27/2010, the defendant, with an intent to benefit himself or another or to harm another, did knowingly commit an unauthorized act which purported to be an act of his office, or knowingly refrained from perfollning a duty imposed on him by law or clearly inherent in the nature of his office.

COUNT 40: OFFICIAL MISCONDUCT, a class B misdemeanor, in violation of U.C.A. 76-8-20 I as follows:
That on or about 06/30/2008 through 08/2712010, the defendant, with an intent to benefit himself or another or to harm another, did knowingly commit an unauthorized act which purported to be an act of his office, or knowingly refrained from perfollning a duty imposed on him by law or clearly inherent in the nature of his office.

COUNT 41: OFFICIAL MISCONDUCT, a class B misdemeanor, in violation ofU.C.A. 76-8-201 as follows:
That on or about 06/30/2008 through 08/27/2010, the defendant, with an intent to benefit himself or another or to harm another, did knowingly commit an unauthorized act which purported to be an act of his office, or knowingly refrained from perfollning a duty imposed on him by law or clearly inherent in the nature of his office.

COUNT 42: OFFICIAL MISCONDUCT, a class B misdemeanor, in violation ofU.C.A. 76-8- 20 I as follows:
That on or about 06/30/2008 through 08/27/20 10, the defendant, with an intent to benefit himself or another or to harm another, did knowingly commit an unauthorized act which purported to be an act of his office, or knowingly refrained from perfolll1ing a duty imposed on him by law or clearly inherent in the nature of his office.

COUNT 43: OFFICIAL MISCONDUCT, a class B misdemeanor, in violation ofU.C.A. 76-8-20 I as follows:
That on or about 06/30/2008 through 08/27/2010, the defendant, with an intent to benefit himself or another or to harm another, did knowingly commit an unauthorized act which purported to be an act of his office, or knowingly refrained from perfollning a duty imposed on him by law or clearly inherent in the nature of his office.

This infollnation is based on evidence obtained from the following witness(es):
OFFICERS: Chief Deputy Kevin Edwards; Detective William Wentland; Morgan County
Sheriff's Office
AGENCY CASE NUMBER: 2010-5662
Authorized for presentment and filing:
Dated September "10:"2010
Jann Farris
County Attorney

Comments

The subsequent investigation by the officers revealed evidence that Garth Day had opened various credit card accounts, obtained fraudulent bank loans and manufactured several counterfeit documents using Morgan County’s name as a vehicle to commit theft of monies. -Dr. Paul Perito